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Child Born in Hong Kong, Both Parents Canadian

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  1. #31

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    Our actual experience:

    Ok, this might help or not but this is what happened to us when our kid was born in HK 4-5 years ago:

    My wife, mainland Chinese but officially gave up her citizenship/passport 20-odd years ago. UK passport holder for 20-odd years.
    Myself, UK passport holder for many decades but originally from another S.E. Asian country so i am easily mistaken for Chinese although i do not speak/read/write a word of Mandarin/Cantonese/any other dialect.

    My wife was transferred to HK from London by her employer, a large western bank whilst pregnant. I came on a dependent visa.

    Before our kid's birth we made several enquiries by phone/email to Wanchai immigration/passport office, Chinese-HK embassy in London, visa agency specialists, they all said the same - our kid would NOT be eligible for a HK passport. Oh well, not a big issue for us.

    So our child was born in HK and a couple days later i was at the office registering for a birth certificate.
    I had our two HK IDs and the letter from the hospital to confirm the birth.
    I passed over these items together with the completed application form. The lady behind the counter casually asked 'Don't you want a HK passport for your kid?' I was a little confused but said
    'Yeah, sure....if we can....'
    'Then you need to fill in the kid's Chinese name here.....they do have a Chinese name don't they?' I had left the space on the form blank.
    So the Chinese name was duly filled in.....
    'When you get the birth certificate just take it to the passport office' the lady said 'fill out the forms and they will issue a passport for the kid'.
    I was still sceptical/confused at this point.

    (Aside, as another poster noted, definitely get 2-3 official copies of the birth certificate for the extra nominal cost.
    Also, I wrote 'the chinese name was duly filled in...' but not by me! I can't write a word of Chinese and our kid's name in Chinese is 3 very complex characters so i showed a photo of the name that i thankfully had on my phone to the counter lady and she helpfully wrote it for me..... with only a little roll of the eyes....)

    Next step, fill out the forms for the passport office, hand over baby photos, birth certificate, copies of parents' HK IDs, and fee. My wife and I still sceptical.
    A couple weeks later attend in person at the passport office. Baby must be there, applicant (myself) plus a '3-star' HK ID holder to verify that the baby is mine and the photos are a true likeness (which they aren't).
    And just like that they hand over a new HK passport and full HK ID (without photo) for my kid.

    Many people have said that we should not have received a passport, and we know of many expat families that on the face of it are in the same situation as us but have not been allowed HK passports. That is also what we expected.
    But because i appear Chinese/Asian we did get one...?
    I nor my wife was ever asked for any further identification or other documentation.

    Don't know if that helps anyone....but the only conclusion i have is that perhaps mistakes can be made...? And what is in the rule books isn't always what happens.


  2. #32

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    Quote Originally Posted by Hjk10001:
    Many people have said that we should not have received a passport, and we know of many expat families that on the face of it are in the same situation as us but have not been allowed HK passports. That is also what we expected.
    But because i appear Chinese/Asian we did get one...?
    As long as one of the parents is of Chinese descent (not nationality), then the child will possess Chinese citizenship when born in Greater China. This is guaranteed by the NPCSC interpretation of the Nationality Law as applied in Hong Kong, as such it has constitutional force and cannot be challenged by the local courts in Hong Kong.

    Side note, even if you didn't fill in a Chinese name, the child would still be of Chinese nationality. It's just you would need to add a Chinese name before a HKSAR passport can be issued.

  3. #33

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    Quote Originally Posted by qhank:
    Side note, even if you didn't fill in a Chinese name, the child would still be of Chinese nationality. It's just you would need to add a Chinese name before a HKSAR passport can be issued.
    I thought you did not need a Chinese name for the passport, just needed it for the HRP. Am I mistaken in my assumption?

    Or an I confusing a 3* HKID requirements v/s HKSAR passport req?
    Last edited by shri; 13-01-2024 at 08:14 AM.

  4. #34

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    Quote Originally Posted by shri:
    I thought you did not need a Chinese name for the passport, just needed it for the HRP. Am I mistaken in my assumption?

    Or an I confusing a 3* HKID requirements v/s HKSAR passport req?
    That might be indeed be the case. My point is simply that a Chinese name is not a prerequisite for Chinese nationality, although there might be administrative requirements to have one for certain purposes (e.g., an HRP).

    However, in cases where there are doubts about whether a parent is of Chinese descent, then whether that parent has a Chinese name may be taken into account in determining this. There is no legislation on how one determines whether someone is of Chinese descent, so the internal policy of the Immigration Department will be applied. It may indeed take into account on whether the parent claiming to be of Chinese descent has a Chinese name.
    Last edited by qhank; 13-01-2024 at 08:41 AM.
    shri and BritishRose like this.

  5. #35

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    Quote Originally Posted by qhank:
    As long as one of the parents is of Chinese descent (not nationality), then the child will possess Chinese citizenship when born in Greater China........

    There is no legislation on how one determines whether someone is of Chinese descent, so the internal policy of the Immigration Department will be applied.
    I am not of Chinese descent. My wife is, but the only ID of ours that was shown was our HK ID cards. So they had no proof or real idea if either of us were really of Chinese descent....and they were not bothered about checking.
    So at the end of the day it came down to the lady behind the counter thinking i 'looked Chinese enough'.

    For example it was alot tougher for ours friends to get HK passports for their kid...she is Chinese mainlander WITH chinese passport, he is Caucasian European. They had an obvious claim to a HK passport but they had to supply many more papers/documentation before they were issued a HK passport.

    So for the OP, maybe if you both simply look Chinese then that might be more than enough for the authorities !

  6. #36

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    Quote Originally Posted by shri:
    I thought you did not need a Chinese name for the passport, just needed it for the HRP. Am I mistaken in my assumption?

    Or an I confusing a 3* HKID requirements v/s HKSAR passport req?
    Don’t remember the exact go around but considering that HRTP permit is issued
    to permanent residents of Chinese nationality only, your Chinese name must be on either HKID card
    or passport . Around 15 years ago ID card was enough to apply for HRTP first time, but later on
    that changed to HK passport and ID card.
    shri likes this.

  7. #37

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    Quote Originally Posted by mtkl:
    What if your child was born in HK, but then studied in Canada (university) and lived in Canada for 10 years. She then has a child while on business overseas. What then?

    It’s not like she (your child) could have “naturalised” or apply for permanent residency while being a citizen?
    study in Canada - clearly doesn't equal citizenship
    lived in Canada 10 years - doesn't state whether citizenship was granted. Like I said, more than 2 consecutive generations. I can pass on my citizenship to my child born outside, but his child needs to be born inside.

  8. #38

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    Quote Originally Posted by mtkl:
    What if your child was born in HK, but then studied in Canada (university) and lived in Canada for 10 years. She then has a child while on business overseas. What then?

    It’s not like she (your child) could have “naturalised” or apply for permanent residency while being a citizen?
    https://torontolife.com/city/this-la...enship-policy/

    Looks like there is already a case like this and they took it to the court to challenge the law. Baby born in HK to Canadian parents born abroad.


    "Our son was only able to fly because Hong Kong happens to have a special passport for people who are stateless—not many places do—and we could afford to hire a lawyer who helped fast-track a visitor’s visa for him. Our plan was to apply for permanent residency on arrival."
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  9. #39

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    Some interesting aspects mentioned in the article…..


  10. #40

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    Quote Originally Posted by kma88:
    https://torontolife.com/city/this-la...enship-policy/

    Looks like there is already a case like this and they took it to the court to challenge the law. Baby born in HK to Canadian parents born abroad.


    "Our son was only able to fly because Hong Kong happens to have a special passport for people who are stateless—not many places do—and we could afford to hire a lawyer who helped fast-track a visitor’s visa for him. Our plan was to apply for permanent residency on arrival."
    Exactly what I was getting at! Looks like it’s a complicated matter even for @bobly who seems to disregard the child of a foreign born Canadian citizen (which is a given considering my post was a reply regarding the subject of your original post) who lived in Canada for 10 years but happened to have a child while out of Canada.

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